High court takes up Texas affirmative action plan

FILE - This Oct. 8, 2010 file photo shows the justices of the U.S. Supreme Court in a group portrait at the Supreme Court Building in Washington. The Supreme Court is embarking on a new term beginning Monday, Oct. 1, 2012, that could be as consequential as the last one with the prospect for major rulings about affirmative action, gay marriage and voting rights. Seated from left to right are: Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy, Associate Justice Ruth Bader Ginsburg. Standing, from left are: Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr., and Associate Justice Elena Kagan. (AP Photo/Pablo Martinez Monsivais)

WASHINGTON (AP) — The Supreme Court is taking up a challenge to a University of Texas program that considers race in some college admissions. The case could produce new limits on affirmative action at universities, or roll it back entirely.

The university says the program that fills roughly a quarter of its incoming classes uses race among many factors and argues that is necessary to provide the kind of diverse educational experience the high court has previously endorsed. The rest of its slots go to students who are admitted based on their class rank, without regard to race.

Opponents of the program say the university is practicing illegal discrimination by considering race at all.

Justice Elena Kagan is not taking part, probably because she worked on the case at the Justice Department.